State Of H.P. And Ors vs Gujarat Ambuja Cement Ltd. And Anr on 18 July, 2005
8. The 'reason to believe' hence is the foundational
aspect which enables seizure and initiation of an adjudication
proceeding. In the present case we have seen that the 'reason to
believe' is illegal import while the adjudication has proceeded
on the allegation of illegal export. Even the counter affidavit
speaks of export of sugar having been regulated by licence. We
find the foundational aspect to be absent in the above
proceedings; which would enable invocation of the
extraordinary remedy under Article 226, as has been held in
State of H.P & Ors. v. Gujarat Ambuja Cement Limited &
Anr.; (2005) 6 SCC 499.